SAG-AFTRA says Fortnite's AI Darth Vader voice violates fair labor practices

SAG-AFTRA, the labor union representing performers in film, television and interactive media, has submitted an Unfair Labor Practice (ULP) filing against Epic Games for using an AI-generated version of Darth Vader's voice in the current season of Fortnite. Disney and Epic first announced on May 16 that Fortnite would feature a take on the character using an AI-generated version of James Earl Jones' voice. 

The issue in SAG-AFTRA's eyes is that the union is currently on strike while it negotiates a new contract with video game companies, and using an AI-generated voice represents Epic refusing to "bargain in good faith." The AI-powered version of Darth Vader is interactive, but that doesn't change the fact that the video game version of Darth Vader has frequently been played by actors other than Jones.

Disney got permission from Jones and his family to use AI to replicate his voice for film and TV in 2022, so there is precedent for an AI performance of this kind. After Jones' death in September 2024, the AI route technically became the only way to use Darth Vader's "original voice," other than reusing clips of past performances. Unless of course Epic or Disney wanted to pay another actor to play Darth Vader, which would require coming to an agreement on a new contract for video game performers.

ULP filings are reviewed by the National Labor Review Board and can lead to hearings and injunctive relief (a court ordering Epic to remove Darth Vader from the game until a settlement is reached, for example). They are also often used as a way for unions to provoke companies to come back to the bargaining table or respond with a more realistic offer. SAG-AFTRA's Interactive Media Strike has been ongoing since July 26, 2024. SAG-AFTRA members originally voted in favor of a strike in September 2023 for better wages and AI protections. 

Engadget has reached out to both Disney and Epic for comment on SAG-AFTRA's ULP filing. We'll update this article if we hear back.

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